Supreme Court · 2008 INSC 1116 · Decided 1 October 2008
Talwara COOP. Credit & Service S0CIETY LTD. v. Sushil Kumar
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1116 · [2008] 14 S.C.R. 53
- Case number
- CIVIL APPEAL No. 5951/2008
- Decided
- 1 October 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 106; Industrial Disputes Act Section 11A, 25
Headnote
) Industrial Disputes Act, 1947 - ss. 11A and 25 F - Ter- --....,_ mination of employee - As a result of loss occurred to the employer concern - Courts below setting aside termination c and directing reinstatement of the employee with back wages - Burden to prove gainful employment placed on held: In view of the facts that the employer was running losses and the employment of the employee was only for a short period, order of termination correct - Grant of D relief of reinstatement should be on consideration of nature of service and mode of recruitment - Back wages should be di-
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